Shippy v. Peninsula Rapid Transit Co.

NORTON, J., pro tem.

This action is for damages growing out of personal injuries sustained by the respondent, Shippy, in a collision between an automobile driven by him and a motor bus operated by appellant through its agent, the defendant Claus, in which respondent obtained a verdict and judgment against appellant.

The action is predicated upon the negligence of defendant Claus, who was the driver of the motor bus, appellant being liable, if at all, under the doctrine of respondeat superior.

During the trial respondent dismissed the action as to defendant Claus, the driver of the motor bus, the…